Court filing
Discovery response — United States v. Omar (S.D. W. Va.)
Filed March 21, 2024 in United States v. Omar; one of 6 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2024-03-21 |
U.S. District Court for the Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 17 · 2024-03-21 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD UNITED STATES OF AMERICA v. CRIMINAL NO. 1:24-CR-00036 ANNA MARIE OMAR RESPONSE OF THE UNITED STATES OF AMERICA TO DEFENDANT’S STANDARD DISCOVERY REQUESTS, REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY, AND NOTICE OF THE UNITED STATES INTENT TO OFFER EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY Pursuant to Rule 16 of the Federal Rules of Criminal Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure, and the Arraignment Order and Standard Discovery Request entered by the Court in this case, the United States of America, by counsel, herewith responds to each of defendant's Standard Discovery Requests as follows: Request A: Disclose to defendant the substance of any relevant oral statement made by defendant, whether before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial. [Fed. R. Crim. P. 16(a)(1)(A)] Response: Anna Omar Memo 8-14-2023 (Bates No. OMAR-00256) Request B: Disclose to defendant and make available for inspection, copying or photographing, all of the following: (i) Any relevant written or recorded statement by the defendant if the statement is within the government’s possession, Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 1 of 9 PageID #: 46 2 custody, or control; and the attorney for the government knows-- or through due diligence could know--that the statement exists. [Fed. R. Crim. P. 16(a)(1)(B)(i)] Response: The government has not identified any written or recorded statement made by the defendant. (ii) The portion of any written record containing the substance of any relevant oral statement made before or after arrest if the defendant made the statement in response to interrogation by a person the defendant knew was a government agent. [Fed. R. Crim. P. 16(a)(1)(B)(ii)] Response: Anna Omar Memo 8-14-2023 (Bates No. OMAR-00256) (iii) The defendant’s recorded testimony before a grand jury relating to the charged offense. [Fed. R. Crim. P. 16(a)(1)(B)(iii)] Response: The defendant did not testify before the Grand Jury. Request C: Where the defendant is an organization, e.g., a corporation, partnership, association or labor union, disclose to the defendant any statement described in Fed. R. Crim. P. 16(a)(1)(A) and (B), if the government contends that the person making the statement (i) was legally able to bind the defendant regarding the subject of the statement because of that person’s position as the defendant’s director, officer, employee, or agent; or (ii) was personally involved in the alleged conduct constituting the offense and was legally capable to bind the defendant regarding that conduct because of that person’s position as the defendant’s director, officer, employee, or agent. [Fed. R. Crim. P. 16(a)(1)(C)] Response: Not applicable. Request D: Furnish the defendant with a copy of defendant’s prior criminal record that is within the government’s possession, custody, or control if the attorney for the government knows--or Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 2 of 9 PageID #: 47 3 through due diligence could know--that the record exists. [Fed. R. Crim. P. 16(a)(1)(D)] Response: 1. r_Anna Omar Criminal History 11-09-23 (Bates No. OMAR-00219 through OMAR-00233); and 2. r_Anna Omar Clear Report - 8-14-2023 -_report (Bates No. OMAR- 00002 through OMAR-00030). Request E: Permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, building or places, or copies or portions of any of those items, if the item is within the government’s possession, custody or control, and (i) the item is material to preparing the defense; (ii) the government intends to use the item in its case-in-chief at trial; or (iii) the item was obtained from or belongs to defendant. [Fed. R. Crim. P. 16(a)(1)(E)] Response: The government will allow counsel for defendant to inspect any item of evidence he deems appropriate. Counsel should contact AUSA Jonathan T. Storage as soon as possible to arrange a mutually agreeable time to view the evidence. The following is being provided: 1. r_Michael Umberger_WVIX (Bates No. OMAR-00097 through OMAR-00167) 2. Michael Umberger photo (Bates No. OMAR-00001) 3. r_Umberger VW Title (Bates No. OMAR-00243 through OMAR- 00250) 4. r_Anna Omar VW Title (Bates No. OMAR-00239 through OMAR- 00242) 5. r_Anna Omar Previous Vehicle (Bates No. OMAR-00237 through OMAR-00238) 6. r_Anna Omar Current Vehicle (Bates No. OMAR-00235 through OMAR-00236) 7. 11Apr2021_CAR (Bates No. OMAR-00234) 8. M UMBERGER PAYMENT (Bates No. OMAR-00251 through OMAR- 00252) 9. Spreadsheet 2 payments 3-31-2021 -Copy of auto1 Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 3 of 9 PageID #: 48 4 10. Michael Umberger MOI 8-17-23_Redacted (Bates No. OMAR- 00259 through OMAR-00260) 11. SBA loan forgiveness documents (Bates No. OMAR-00253 through OMAR-00255) 12. Anna.Omar_AllTransactions_01.01.2022-08.01.2022 (spreadsheet - Chime) 13. CHIME Records Key-Guide (6 pages) 14. Anna.Omar_ACHAccounts (Chime) (1 page) 15. Anna.Omar_AccountProfile (Chime) (2 pages) 16. Anna.Omar_AccountNotes_01.01.2022-08.01.2022 (spreadsheet – Chime) 17. Stride Financial documents (Bates No. STRIDE-00001 through STRIDE-00002) 18. Checking transactions (Stride) (spreadsheet) 19. savings transactions (Stride) (spreadsheet) 20. Bentworth Capital: 20210507123718_direct_deposit_info (Bates No. BENWORTH-00069) 21. Bentworth Capital: supporting_tax_document (Bates No. BENWORTH-00005) 22. Bentworth Capital: kycdetail (Bates No. BENWORTH-00004) 23. Bentworth Capital: bankdata_2 (Bates No. BENWORTH-00002) 24. Bentworth Capital: fundinginstruction (Bates No. 25. Bentworth Capital: bankdata_2 (2) (Bates No. BENWORTH- 00002) 26. Bentworth Capital: schedule c(2)-1 (Bates No. BENWORTH- 00067) 27. Bentworth Capital: schedule c(2)-2 (Bates No. BENWORTH- 00068) 28. Bentworth Capital: SBA Forgiveness - form_signed (Bates No. BENWORTH-00059 through BENWORTH-00060) 29. Bentworth Capital: Payment_Confirmation_for_6474228900 (1) (Bates No. BENWORTH-00061) 30. Bentworth Capital: Bank Statements (various) (Bates No. BENWORTH-00006 through BENWORTH-00036) 31. Bentworth Capital: Persona (Bates No. BENWORTH-00066) 32. Bentworth Capital: Docusign From Teslar (Bates No. BENWORTH-00037 through BENWORTH-00058) 33. Bentworth Capital: Funding Receipt 6474228900 Anna Omar (Bates No. BENWORTH-00070) 34. Chime - Image_006 (Bates No. ChimeFinancial-00001 through ChimeFinancial-00002) 35. Mercer Co Teachers FCU: Bank records – Michael Umberger (Bates No. MCTFCU-00001 through MCTFCU-00082) 36. Umberger_Mercer County Teachers FCU_Redacted (Bates No. OMAR-00279 through OMAR-00294) Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 4 of 9 PageID #: 49 5 37. Family Auto: Vehicle records (Bates No. OMAR-00264 through OMAR-00275) 38. Michael Umberger Wage Report_Redacted (Bates No. OMAR- 00295) Request F: Permit the defendant to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific tests or experiment if (i) the item is within the government’s possession, custody, or control; (ii) the attorney for the government knows--or through due diligence could know--that the item exists; and (iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial. [Fed. R. Crim. P. 16(a)(1)(F)] Response: Not applicable. Request G: For any testimony the government intends to use under Rules 702, 703 or 705 of the Federal Rules of Evidence during its case-in-chief, or during rebuttal to counter testimony that the defendant has timely disclosed under reciprocal discovery, give to the defendant, in writing, the following information: (i) a complete statement of all opinions that the government will elicit from the witness in its case- in-chief, or during its rebuttal to counter testimony that the defendant has timely disclosed under reciprocal discovery; (ii) the bases and reasons for them; (iii) the witness’s qualifications, including a list of all publications authored in the previous 10 years; and (iv) a list of all other cases in which, during the previous 4 years, the witness has testified as an expert at trial or by deposition. If the government requests discovery under the second bullet point in Federal Rules of Criminal Procedure 16(b)(1)(C)(i) and the defendant complies, the government must, at the defendant’s request, disclose to the defendant, in writing, the information listed above in (i) through (iv) for testimony that the government Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 5 of 9 PageID #: 50 6 intends to use at trial under Rules 702, 703, or 705 of the Federal Rules of Evidence on the issue of the defendant’s mental condition. The witness must approve and sign the disclosure, unless the government states in the disclosure why it could not obtain the witness’s signature through reasonable efforts, or the government has previously provided a report, signed by the witness that contains all the opinions and the bases and reasons for them. [Fed. R. Crim. P. 16(a)(1)(G)] Response: The United States does not have responsive materials at this time. Request H: Disclose to defendant all evidence favorable to defendant, including impeachment evidence, and allow defendant to inspect, copy or photograph such evidence. Response: The United States is not aware of any evidence responsive to this request. Request I: Notify defendant of all evidence the government intends to introduce pursuant to Rule 404(b) of the Federal Rules of Evidence. Response: The United States does not intend to offer Rule 404(b) evidence at this time. Request J: Disclose to defendant all reports of government "mail cover," insofar as the same affects the government’s case against the defendant or any alleged aiders and abettors or co- conspirators. Response: Not applicable. Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 6 of 9 PageID #: 51 7 Request K: Disclose to defendant any matter as to which the government will seek judicial notice. Response: The United States will seek judicial notice that Bluefield, Mercer County, West Virginia, is within the Southern District of West Virginia. Request L: Disclose to defendant and make available for inspection, copying or photographing, the results of any interception of a wire, oral or electronic communication in the possession, custody or control of the government, the existence of which is known, or by the exercise of due diligence could become known, to the attorney for the government, which contains any relevant statement made by the defendant or which is material to the preparation of the defendant’s defense or which is intended for use by the government as evidence in its case-in-chief at the trial. For each such interception, disclose (1) any application for an order authorizing the interception of a wire or oral communication; (2) any affidavits filed in support thereof; and (3) any court order authorizing such interception. Response: Not applicable. Request M: Provide notice to defendant of the government’s intention to use evidence pursuant to Rule 12(b)(4)(B) of the Federal Rules of Criminal Procedure. Response: The United States reserves the right to use all information and evidence disclosed herein or made available for inspection and copying pursuant to this Response and such information and evidence which may be discovered and finally provided to defendant. Any discovery provided that is not mandated by Court order, the Federal Rules of Criminal Procedure, federal statute or federal Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 7 of 9 PageID #: 52 8 case law, is provided voluntarily as a matter of discretion solely to expedite and facilitate litigation of this case. REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of Criminal Procedure, the United States of America requests that defendant provide all applicable reciprocal discovery within 14 days of the service of this response and the provision of materials requested by defendant in the Standard Discovery Request. NOTICE OF THE UNITED STATES INTENT TO OFFER EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY Pursuant to Federal Rules of Evidence 902(11), notice is hereby given of the United States intent to offer into evidence certified domestic records of regularly conducted activity, specifically, records from various financial institutions and government agencies. Respectfully submitted, WILLIAM S. THOMPSON United States Attorney By: /s/ Jonathan T. Storage JONATHAN T. STORAGE Assistant United States Attorney WV Bar No. 12279 300 Virginia Street, East Room 4000 Charleston, WV 25301 Telephone: 304-345-2200 Email: Jonathan.Storage@usdoj.gov Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 8 of 9 PageID #: 53 9 CERTIFICATE OF SERVICE It is hereby certified that the foregoing “RESPONSE OF THE UNITED STATES OF AMERICA TO DEFENDANT’S STANDARD DISCOVERY REQUESTS, REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY, AND NOTICE OF THE UNITED STATES INTENT TO OFFER EVIDENCE OF RECORDS OF REGULARLY CONDUCTED ACTIVITY” has been electronically filed and service has been made on opposing counsel by virtue of such electronic filing this 21st day of March, 2024 to: Clint Carte, Esq. Office of the Federal Public Defender 300 Virginia Street, East, Suite 3400 Charleston, West Virginia 25301 /s/Jonathan T. Storage JONATHAN T. STORAGE Assistant United States Attorney WV Bar No.12278 300 Virginia Street, East Room 4000 Charleston, WV 25301 Telephone: 304-345-2200 Fax: 304-347-5104 Email: Jonathan.Storage@usdoj.gov Case 1:24-cr-00036 Document 17 Filed 03/21/24 Page 9 of 9 PageID #: 54
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